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HomeMy WebLinkAbout05-28-13 . . . _ - _ /'�.�.�.� . . /� ' � < _ _ ,��1 , J FAMILY SETTLEMENT AGREEMENT r o `�' '.-; '3 -:, r > :, IN THE ESTATE OF JERRY B. PATTERSON DE � �3ED`= " ' ' ��r--,�, ; - �`. __ �,� c� AGREEMENT executed this a°� day of J'�ay �, �O1�;by�d� , ... __ between GARYL. PATTERSON, Executor of the Estate of JERRYB. PA7'�"E�SON,siscease�;; and LINDA P. HALL and GARY L. PATTERSON, heirs and beneficiaries of the�taCe'� JERRYB. PATTERSON. WHEREAS, JERRY B. PATTERSON, late of North Middleton Township, Cumberland County, Pennsylvania, died on June 15, 2012, having left a Last Will and Testament dated April 15, 1997. WHEREAS, on September 13, 2012, the Register of Wills in and for the County of Cumberland, Commonwealth of Pennsylvania, did constitute and appoint GARY L. PATTERSON, as Executor of the Estate of JERRYB. PATTERSON, in Estate Number 21-12- 0995 upon the probating of the aforesaid Last Will and Testament, and WHEREAS, the Executor has proceeded with the administration of said Estate consisting of assets in the amount of $31,591.61 plus adjustments, less disbursements in the amount of $21,338.54, leaving a principal balance on hand of$10,253.07, as set forth in the First and Final Account, a hue and correct copy is attached hereto and made part hereof as Exhibit "A", and WHEREAS, the only parties in interest in said Estate are the above-named parties, and W�IEREAS, said parties in interest desire that the Executor shall not be required to file an Account with the Orphan's Court of Cumberland County, Pennsylvania, and that the net estate of the decedent shall be distributed without the necessity of filing a formal Account to avoid the expense, delay and publicity of a formal accounting, but should instead be distributed in accordance with the Executor's Proposed Schedule of Distribution, a true and correct copy of which is attached hereto and made a part hereof as Exhibit "B". NOW THEREFORE, in consideration of the mutua] promises, covenants and agreements recited herein, the above-named heirs and beneficiaries of the Estate of JERRY B. PATTERSON do hereby mutually agree as follows: .� � 1. The parties hereto, and each of them, agree and acknowledge that they have fully and cazefully examined the First and Final Account of GARY L. PATTERSON, Executor for the Estate of JERRY B. PATTERSON, deceased, and Proposed Schedule of Distribution relating thereto, and find them to be true and conect, and acceptable to the parties hereto and each of them, and further that each of them has received a copy of this Family Settlement and Final Release and of said Account and Proposed Schedule of Distribution. 2. The parties hereto hereby agree that in order to avoid the expense, delay and publicity involved in the filing of a formal Account and Schedule of Distribution, no accounting to the Court is necessary and we do hereby agree that we do consent to distribution being made without the filing of an Account and Schedule of Distribution, the same to be with the same force and effect as if they had been filed and confumed by the Orphan's Court Division of the Court of Common Pleas of Franklin County, Pennsylvania. 3. The parties hereby remise, release, quitclaim and forever discharge the Estate of dERRY B. PATTERSON, and GARY L. PATTERSON, Executar, his heirs, Executors, administrators and assigns, from all manner of acts, suits, claims, accountings, debts and demands whatsoever which we or any of us or our legal representatives or assigis may at any time hereafrer have against said Executor, estate, or assets thereof, touching or concerning the Estate of the Decedent. 4. The parties hereto covenanf and agree that they will contribute their share of the Estate to satisfy all clanns, debts, demands, suits ar cause of action which may be successfully brought against the Estate or the Executor after the execution of this Family Settlement and Final Release. 5. The parties hereto hereby agree that they will at a11 times in the future and wherever necessary, appropriate or convenient, made, execute and deliver to said Executor, and/or to the other party or persons, any and ail instruments, documents, conveyances, deeds, releases or other instruments of any kind necessary or convenient to carry out the intention of this Family Settlement and Fina1 Release. 6. This Family Settlement and Fina1 Release constitutes the entire understanding among the parties hereto, and each of them acknowledges that no representations or statements of any kind, written or oral, have been made to them or any of them prior hereto by the Executor or any other person or party upon his behalf. 7. This Family Settlement and Final Release shall inure to the benefit and shall bind the parties hereto, and each of them, their heirs, executors, administrators, successors and assigns. 8. This Family Settlement and Final Release shall be govemed by the laws of the Commonwealth of Pennsylvania. IN WITNESS WI�REOF, the parties hereto have hereunto set their respective hands and seals the day and year first above written. WITN H: , �.z., � ate G Y . TTE SON, Executor ' - . 0� Date G Y . ON � Individually as heir and beneficiary ���� Le(�, D te L A P. HALL Individua[ly as heir and beneficiary FII2ST AND FINAL ACCOUNT OF GARY L. PATTERSON EXECUTOR OF THE ESTATE OF JERRY B. PATTERSON Deceased Date of Death: June 15 , 2012 Date ofExecutor's Appointment September 13, 2012 Accounting for the Period of September 13, 2012 to May 1, 2013 Purpose of Account: GARY L. PATTERSON, Executor of the Estate of JERRYB. PATTERSON, offers this Account to acquaint interested parties with the transactions that have occurred during his administration of the Estate for the accounting period indicated above. The Account also indicates the proposed distribution of the Estate. It is important that the Account be carefully examined. Request for additional information or questions or objections can be discussed with: Bradley L. Gr�e, Esquire GRIFFIE & ASSOCIATES 200 North Hanover Street Carlisle, PA 17013 (717) 243-5551 (800) 347-5552 SUMMARY OF ACCOUNT Principal - Tota] Assets $31,591.61 (including non-probate assets) Less Disbursements of Principa] (-) $21,338.54 Non-probate assets previously distributed 0.00 In Kind Disbursement to Heirs,jointly 0.00 Interim Disbursement of Heirs (- $ 0.00 TOTAL Cash Available for Distribution $ 10,253.07 Eachibit"A" RECEIPTS OF PRINCIPAL REAL ESTATE NONE SUBTOTAL...........................................................$ 0.00 STOCKS and BONDS NONE SUBTOTAL..........................................................$ 0.00 CASH and BANK ACCOUNTS l. M&T Bank................................................$ 3,629.98 Checking Account No. XXX�{2488 2. M&T Bank................................................ 500.04 Savings Account No. �!u�X���'X3„'Y0707 3. Morgan Stanley.......................................... 22.641.59 Jerry B. Patterson Revocable Trust SUBTOTAL............................................................$26,771.61 PERSONAL PROPERTY None SUBTOTAL.....................................................$ 0.00 ADDITIONAL RECEIPTS 1. Forest Park Nursing Home Refund.......................$ 4,720.00 2. Citibank Refund............................................. 100.00 SUBTOTAL.............................................................. 4 820.�0 TOTAL PRINCIPAL of probate Estate before adjustments...................$ 31,591.61 . JOINT ACCOiJNTS NONE SUBTOTAL............................................................$ 0.00 NON-PROBATE ASSETS NONE SUBTOTAL.............................................................$ 0.00 GAINS AND LOSSES ON SALES AND OTHER DISTRIBUTIONS GAINS: NONE SUBTOTAL.............................................................$ 0.00 LOSSES: NONE SUBTOTAL............................................................. $ 0.00 Total principal of Estate with all adjustments........................................$ 31,591.61 DISBURSEMENTS OF PRINCIPAL Orrstown Bank Account No XXZ�3245 DEBTS OF DECEDENT 1. Guazdian Pharmacy........................................$ 5.00 2. Citicard Credit Card....................................... 70.25 3. Dr. Darryl Guiswite....................................... 54.45 4. Griffie &Associates (Pre-death estate planning fees) 452.50 SUBTOTAL:........................................................$ 582.20 FUNERAL EXPENSES 1. Hines Rinaldi Funeral Home, Inc...................... $14,067.00 2. Clothing and accessories for burial..................... 98.29 3. Donation to Pastor........................................ 200.00 4. Musical/sound system.................................... 310.00 5. Post funeral and viewing meals/refreshments......... 2.097.78 SUBTOTAL:.......................................................$16,773.07 ADMINISTRATION EXPENSES 1. Attorney's fees to GRIFFIE &ASSOCIATES........$ 3,000.00 2. Probate Fees................................................ 305.50 3. Advertising—The Sentinel............................... 189.54 4. Advertising—Cumberland Law Journal.................. 75.00 SUBTOTAL: $ 3,570.04 TAXES Pennsylvania lnheritance Taac $ 434.98 Less Discount (-)$ 21.75 Plus Penaities and Interest............................... 0.00 SUBTOTAL: 413.23 TOTAL DISBURSEMENTS OF PRINCIPAL $21,338.54 NON-PROBATE ASSETS PREVIOUSLY DISTRIBUTED NONE SUBTOTAL: $ 0.00 INTERIM DISBURSEMENTS TO BENEFICIARIES NONE SUBTOTAL: $ 0.00 IN HIND DISTRIBUTIONS NONE SUBTOTAL: $ 0.00 TOTAL DISBURSEMENT AND DISTRIBUTIONS TOTAL PRINCIPAL $ 31,591.61 Total Disbursements and Distributions (-)$ 21,338.54 Net available estate assets $ 10,253.07 PROPOSED SCHEDULE OF DISTRIBUTION Assets for Distribution Cashon Hand....................................................$ 10,253.00 TOTAL: $ 10,253.00 Net Cash on Hand Distributed as Follows: LindaP. Hall...........................................................................$5,125.53 Gary L. Patterson....................................................................$5,125.54 TOTAL CASH DISBURSEMENT: $10,253.07 EXHIBIT"B"